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People v. Monson

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1989
151 A.D.2d 615 (N.Y. App. Div. 1989)

Opinion

June 12, 1989

Appeal from the County Court, Nassau County (Mackston, J.).


Ordered that the judgment is affirmed.

In the presence of his mother, the complainant gave the police a detailed description of a man who threatened him with a gun. About an hour later, the complainant's mother called the police to report that the man with the gun had returned to the location of his earlier threat. When police officers responded to the location, the mother pointed to a man who fit the description previously given and he was immediately arrested. A search of the man arrested, the defendant herein, produced a loaded gun which had been concealed in the rear waistband of his pants.

We disagree with the defendant's claim that his arrest was illegal because the police lacked reliable information sufficient to constitute probable cause to believe that he had committed a crime. A detailed description of the perpetrator of a crime provided by an identified citizen is considered circumstantially reliable information upon which an arrest may be lawfully predicated (see, People v. Smith, 124 A.D.2d 756; People v Marin, 91 A.D.2d 616). The hearing court's denial of suppression was, therefore, correct.

In view of our agreement with the finding of a lawful arrest, it is unnecessary to address the defendant's other contentions. Thompson, J.P., Lawrence, Rubin and Balletta, JJ., concur.


Summaries of

People v. Monson

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1989
151 A.D.2d 615 (N.Y. App. Div. 1989)
Case details for

People v. Monson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EMMETT MONSON…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 12, 1989

Citations

151 A.D.2d 615 (N.Y. App. Div. 1989)
542 N.Y.S.2d 364

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